H. B. 4541
(By Delegates Carmichael, By Request)
[Introduced February 14, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-7-107 of the Code of West Virginia,
1931, as amended, relating to providing for the automatic
court-ordered transfer of title to marital property upon
decree of divorce.
Be it enacted by the Legislature of West Virginia:
That §48-7-107 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 7. EQUITABLE DISTRIBUTION OF PROPERTY.
§48-7-107. Automatic transfer of marital property.
If an order entered in accordance with the provisions of this
article requires the transfer of title to property and a party
fails or refuses to execute a deed or other instrument necessary to
convey title to such property, A court-ordered transfer of legal
title to any marital property, entered in accordance with the
provisions of this article, shall be filed with the county clerk who shall attach such order to any applicable legal title to
property. The county clerk shall then cause a the deed or other
instrument
shall to be executed
by a special commissioner appointed
by the court for the purpose of effecting such transfer of title
pursuant to section seven, article twelve, chapter fifty-five of
this code.
NOTE: The purpose of this bill is to provide for the
automatic court-ordered transfer of title to marital property upon
a decree of divorce.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.